Birmingham City Council v Afsar & Ors

Birmingham City Council v Afsar & Ors

In the circumstances, the Council should provide undertakings in damages as a proportionate and fair mechanism for resolving any claims for loss caused by the injunctions, given the nature of the action, the affected parties, and the limited likelihood of material loss.

Parties
Claimant: Birmingham City Council; Defendant: Mr Shakeel Afsar; Defendant: Ms Rosina Afsar; Defendant: Mr Amir Ahmed; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
25 June 2019
Procedural Posture
Civil / Post Judgment Order Regarding Undertakings in Damages
Outcome
Council required to provide undertakings in damages in the usual form.
Legal Topics
Injunctions, Undertakings in Damages, Article 10 Rights, Protection From Harassment Act, Local Government Act, Public Authority Liability
Public Law Civil Procedure Human Rights Injunctions Undertakings in Damages Article 10 Rights Protection From Harassment Act Local Government Act +1 more

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Parties

Birmingham City Council

Claimant

Mr Shakeel Afsar

Defendant

Ms Rosina Afsar

Defendant

Mr Amir Ahmed

Defendant

Persons Unknown

Defendant

Procedural Posture

Civil / Post Judgment Order Regarding Undertakings in Damages

Legal Issues

  1. 1 Should Birmingham City Council be required to give undertakings in damages for injunctions granted against defendants and third parties?

Ratio Decidendi

In the circumstances, the Council should provide undertakings in damages as a proportionate and fair mechanism for resolving any claims for loss caused by the injunctions, given the nature of the action, the affected parties, and the limited likelihood of material loss.

Court Disposition

Council required to provide undertakings in damages in the usual form.

Orders

  • Council to comply with any order for compensation if the injunctions cause loss to any defendant or third party.